KFLCC Kingdom Law 2nd Ed.

948

PROCESS

PROCEEDING

court. And when actions were commenced by original writ, instead of, as at present, by writ of summons, the method of compelling the defendant to appear was by what was termed "original process," being founded on the original writ, and so called also to distin guish it from "mesne" or "intermediate" process, which was some writ or process which issued during the progress of the suit The word "process," however, as now com monly understood, signifies those formal in struments called "writs." The word "pro cess" is in common-law practice frequently applied to the writ of summons, which is the instrument now in use for commencing per sonal actions. But in its more comprehensive signification it includes not only the writ of summons, but all other writs which may be Issued during the progress of an action. Those writs which are used to carry the judg ments of the courts into effect, and which are termed "writs of execution" are also common ly denominated "final process," because they usually issue at the end of a suit See Carey v. German American Ins. Co., 84 Wis. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907; Savage v. Oliver, 110 Ga. 636, 36 S. E. 54; Perry v. Lorillard Fire Ins. Co., 6 Lans. (N. Y.) 204; Davenport v. Bird, 34 Iowa, 527; Philadelphia v. Campbell, 11 Phila. (Pa.) 164; Phillips v. Spotts, 14 Neb. 139, 15 N. W. 332. In the practice of the English privy council in ecclesiastical appeals, "process" means an official copy of the whole proceedings and proofs of the court below, which is transmit ted to the registry of the court of appeal by the registrar of the court below in obedi ence to an order or requisition requiring him so to do, called a "monition for process," is sued by the court of appeal. Macph. Jud. Com. 173. See ABUSE.—Compul sory process. See COMPULSOBY.— Executory process. In the law of Louisiana, a summary process in the nature of an order of seizure and bale, which is available when the right of the creditor arises from an act or instrument which includes or imports a confession of judgment and a privilege or lien in his favor, and also to enforce the execution of a judgment render ed 'in another jurisdiction. See Rev. Code Prac. 1894, art. 732.—Final process. The last process in a suit; that is, writs of execu tion. Thus distinguished from mesne process, which includes all writs issued during the prog ress of a cause and before final judgment. Amis v. Smith, 16 Pet 313, 10 L. Ed. 973.—Ir regular process. Sometimes the term "ir regular process" has been defined to mean pro cess absolutely void, and not merely erroneous and voidable; but usually it has been applied to all process not issued in strict conformity with the law, whether the defect appears upon the face of the process, or by reference to ex trinsic facts, and whether such defects render the process absolutely void or only voidable. Cooper v. Harter, 2 lnd. 253. And see Bryan v. Congdon, 86 Fed. 221, 29 C. C. A. 670: Paine v. Ely, N. Chip. (Vt.) 24.—Judicial process. In a wide sense, this term may in clude all the acts of a court from the be ginning to the end of its proceedings in a given cause; but more specifically it means the > writ, summons, mandate, or other process which is used to inform the defendant of the institu- —Abuse of process.

alone would have been applicable, either in the same or analogous cases, if summary proceed ings had not been available. Sweet. And see Phillips v. Phillips, 8 N. J. Law, 122; Govan v. Jackson, 32 Ark. 557; Western & A. R. Co. v. Atlanta, 113 Ga. 537, 38 S. E. 996, 54 L. R. A. 802.—Supplementary proceeding. A separate proceeding in an original action, in which the court where the action is pending is called upon to exercise its jurisdiction in aid of the judgment in the action. Bryant v. Bank of California (Cal.) 7 Pac. 130. In a more particular sense, a proceeding in aid of execu tion, authorized by statute in some states in cases where no leviable property of the judg ment debtor is found. It is a statutory equiv alent in actions at law of the creditor's bill in equity, and in states where law and equity are blended, is provided as a substitute therefor. In this proceeding the judgment debtor is sum moned to appear before the court (or a referee or examiner) and submit to an oral examination touching all his property and effects, and if property subject to execution and in his posses sion or control is thus discovered, he is ordered to deliver it up, or a receiver may be appointed. See In re Burrows, 33 Kan. 675, 7 Pac. 148; Eikerberry v. Edwards, 67 Towa, 619, 25 N. W. 832, 56 Am. Rep. 360. In practice. The steps or measures taken in the course of an ac tion, including all that are taken. The pro ceedings of a suit embrace all matters that occur in its progress judicially. Morewood y. Hollister, 6 N. Y. 320. Issues; produce; money ob tained by the sale of property; the sum, amount," or value of property sold or convert ed into money or into other property. See Hunt v. Williams, 123 lnd. 493, 26 N. E. 177; Andrews v. Johns, 59 Ohio St. 65, 51 N. E. 8S0; Belmont v. Ponvert, 35 N. Y. Super. Ct 212. Nobles; lords. The house of lords in England is called, in Latin, "Do mus Procerum." In French law. A written report, which is signed, setting forth a statement of facts. This term is applied to the report proving the meeting and the resolutions passed at a meeting of share holders, or to the report of a commission to take testimony. It can also be applied to the statement drawn up by a huissier in relation to any facts which one of the parties to a suit